Community Associations

Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.”

Continue Reading Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”

Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must pay the property owner “just compensation” for the property taken, as required by the Fifth Amendment of the United States Constitution.

Continue Reading Eminent Domain Issues Affecting New Jersey Condominiums – Can the Government Really Take Part of Our Common Elements?

The collapse of the Champlain Towers South in Surfside, Florida, in June 2021, sent shockwaves throughout the United States and was a wake-up call to condominiums to the dangers of aging infrastructures. In light of this tragic event, secondary mortgage market giants, Fannie Mae and Freddie Mac have issued bulletins advising of new “temporary” requirements for mortgages issued in connection with condominiums and cooperatives.

Continue Reading In the Wake of the Surfside Tragedy Fannie Mae and Freddie Mac Issue “Temporary” Requirements for Condominiums and Cooperatives

On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner associations and cooperative corporations until the first election when unit owners take majority control of the association board (“Transition”). Although not black letter law, Transition had historically been recognized as the milestone when the Statute of Limitations began to run for construction defect claims.

Continue Reading New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

virtual hoa member meetings nj 2022The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:5-1, et seq.) (the “Act”) was amended on Monday, January 22, 2022, to permanently allow remote community association member meetings (using Zoom, Teams, or other remote communication technologies). Previously, the Act permitted remote meetings of members-only when New Jersey was in a declared state of emergency, such as the COVID-19 pandemic. This new legislation (A5549/S4112) gives communities more flexibility in conducting association member meetings and will hopefully result in increased member attendance for quorum and voting purposes.
Continue Reading New Legislation Permanently Allows Community Association Members to Participate in Member Meetings Via Remote Communication

As we reported in our previous blog, on July 1, 2021 Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provided that a community association “shall be immune from civil liability for damages arising from, or related

Step One – Start Early. The time to start working on your next election is the day after your last election.

  • Make notes for next year. What worked well? What could be done better?
  • Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get confusing, especially when there are appointments to vacant positions.
  • Save the draft minutes so they can be located and approved at the next annual meeting.
  • Consider amendments that will make the election process easier: electronic voting, electronic notice, quorum reduction, absentee ballots, eliminating double ballot procedures. Get those amendments approved and recorded at least three months before your next annual meeting.


Continue Reading Five Steps to Successful Trustee Elections

If you serve on the board of a condo association, you’ve likely seen instances of kicking the can down the road and deferring needed maintenance and repairs. Allocating and reserving funds for repairs can be a difficult, complicated process, and coming to a decision about these issues can easily lead to tensions between board members and neighbors.

Even so, it’s important to take steps now to ensure the adequate repair and maintenance of your building. Deferred repairs and insufficient reserves can lead to greater and more urgent expenses down the road—as well as jeopardize the safety of your residents and put you at risk of legal liability.

Continue Reading Condo Association Boards: Plan for the Future by Staying Ahead of Maintenance and Repairs

On Thursday, July 1, 2021, Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provides that a community association “shall be immune from civil liability for damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises” providing the association has prominently displayed a sign “at the entrance of any communal space shared by…residents and their guests, such as pools, gyms, and clubhouses.” The sign must state the following:

“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.”


Continue Reading Does Your Community Association Want the New COVID Immunity? Post Your Signs Now!

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law. The Act is a $1.9 trillion economic relief package intended to address the COVID-19 pandemic.

Continue Reading American Rescue Plan Act of 2021 Provides For Additional Cash Assistance and Supplemental Federal Unemployment Benefits